IN THE CASE OF: BOARD DATE: 10 December 2015 DOCKET NUMBER: AR20150005379 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect award of the Air Medal with 20th Oak Leaf Cluster (OLC), Air Medal with "V" Device with 2nd OLC, and Army Commendation Medal with "V" Device. 2. The applicant states: * he spent 9 months as a door gunner in Vietnam * he was awarded the Air Medal with 20 OLCs, the Air Medal with "V" Device with 2 OLCs, and the Army Commendation Medal with "V" Device – none of which are shown on his DD Form 214 * he believes there might have been a records mix-up that resulted in the omissions 3. The applicant provides: * DD Form 214 * Headquarters, 1st Aviation Brigade, General Orders Number 355, dated 24 January 1968 * Headquarters, 1st Aviation Brigade, General Orders Number 923, dated 23 February 1968 * Headquarters, 1st Aviation Brigade, General Orders Number 1162, dated 5 March 1968 * Air Medal Certificate, dated 29 August 1968 * Headquarters, 1st Aviation Brigade, General Orders Number 6869, dated 4 October 1968 CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the Regular Army on 17 January 1966. 3. His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 29 May 1967 through 26 May 1968 where he was assigned to the 1st Brigade, 101st Airborne Division, from 2 June 1967 through 31 September 1967 and the 189th Aviation Company, U.S. Army Pacific-Vietnam, from 1 October 1967 through 26 May 1968. He participated in three campaigns. 4. The applicant provided: * Headquarters, 1st Aviation Brigade, General Orders Number 355, dated 24 January 1968, awarding him the Air Medal for meritorious achievement while participating in aerial flight from 12 October 1967 through 20 October 1967 * Headquarters, 1st Aviation Brigade, General Orders Number 923, dated 23 February 1968, awarding him the Air Medal with 1st OLC with "V" Device for heroism while engaging in aerial flight on 8 November 1967 * Headquarters, 1st Aviation Brigade, General Orders Number 1162, dated 5 March 1968, awarding him the Air Medal with 2nd OLC with "V" Device for heroism while engaging in aerial flight on 27 November 1967 * an unsigned Air Medal Certificate, dated 29 August 1968, awarding him the Air Medal with 4th through 20th OLC for meritorious achievement while participating in aerial flight during the period 20 October 1967 through 22 April 1968 * Headquarters, 1st Aviation Brigade, General Orders Number 6869, dated 4 October 1968, awarding him the Army Commendation Medal with 1st OLC with "V" Device for heroism in connection with military operations against a hostile force from 25 January 1968 through 5 February 1968 5. His records contain: * Headquarters, 1st Aviation Brigade, General Orders Number 2024, dated 9 April 1968, awarding him the Army Commendation Medal with "V" Device for heroism in connection with military operations against a hostile force from 25 January 1968 through 5 February 1968 * Headquarters, 1st Aviation Brigade, General Orders Number 4005, dated 21 June 1968, awarding him the Air Medal with 3rd OLC with "V" Device for heroism while engaging in aerial flight on 2 February 1968 * Headquarters, 52d Aviation Battalion, Special Orders Number 66, dated 10 March 1968, awarding him the Aircraft Crew Member Badge (Permanent) * Headquarters, 50th Signal Battalion (Airborne Corps), Special Orders Number 166, dated 24 September 1968, awarding him the Expert Marksmanship Qualification Badge with Rifle Bar 6. There is no evidence of a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal. His DA Form 20 shows he had all "excellent" conduct and efficiency ratings when rated. 7. He was honorably released from active duty on 16 January 1969 after completing 3 years of active service. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Army Commendation Medal 8. Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, prescribed Army policy, criteria, and administrative instructions concerning individual and unit military awards. The Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The enlisted person must have had all "excellent" conduct and efficiency ratings. There must have been no convictions by a court-martial. 9. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards), in effect at the time, provided guidelines for award of the Air Medal for sustained operations during the Vietnam War. Appendix IV required that recommendations for award of the Air Medal for crewmembers or non-crewmembers on flying status would be submitted on a U.S. Army Vietnam Form 157-R. The recommendation for award must also have stated that the individual met the required Number of missions and hours for award of the Air Medal, that the individual has not caused, either directly or indirectly an aircraft abort, late take-off, accident or incident, and that the individual's accomplishments and service throughout the period have reflected meritorious performance with no instance of non-professionalism, mediocrity, or failure to display an aggressive spirit. 10. Army Regulation 600-8-22 (Military Awards) currently prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards and states: a. a bronze service star is authorized with the Vietnam Service Medal for participation in each credited campaign and b. Arabic numerals are now used instead of OLCs for the second and succeeding awards of the Air Medal. The numeral 2 denotes the second award of the Air Medal. 11. Military Personnel Message Number 00-138, dated 10 April 2000, changed the name of the Aircraft Crew Member Badge to the Aviation Badge and changed the criteria for award of the Basic, Senior, and Master Aviation Badges. The Basic Aviation Badge may be permanently awarded based on several criteria. For permanent award of the Basic Aviation Badge, an individual must be on flying status in accordance with Army Regulation 600-106 (Flying Status for Nonrated Army Aviation Personnel) or be granted a waiver by the U.S. Army Human Resources Command; be on flying status (qualified by a Class III flight physical); must have performed in-flight duties for not less than 12 months (not necessarily consecutive) or by logging not less than 48 flight hours (whichever comes first); or be school trained. 12. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. The pamphlet shows the 189th Aviation Company was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 27 March 1967 through 17 May 1968 by Department of the Army General Orders Number 46, dated 1969, as amended by Department of the Army General Orders Number 21, dated 1969. DISCUSSION AND CONCLUSIONS: 1. Orders reflect the applicant was awarded the Air Medal with 1st, 2nd, and 3rd OLC (four awards) with "V" Device. There are no orders corroborating award of the Air Medal with 5th through 20th OLC. The award certificate provided by the applicant is unsigned. 2. Orders reflect he was awarded the Army Commendation Medal with 1st OLC with "V" Device. 3. The applicant was awarded the Vietnam Service Medal and participated in three campaigns. 4. The applicant's records also reflect award of the Expert Marksmanship Qualification Badge with Rifle Bar and Aircraft Crew Member Badge, which has since been renamed the Basic Aviation Badge. 5. General orders awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the unit to which he was assigned in Vietnam. 6. His records show that where he was rated, he received all "excellent" ratings for conduct and efficiency throughout his active service, qualifying him for award of the Army Good Conduct Medal (1st Award) for the period 17 January 1966 through 16 January 1969. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____x___ ____x___ ____x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding him the Army Good Conduct Medal (1st Award) for the period 17 January 1966 through 16 January 1969 * adding the following awards to his DD Form 214 – * Air Medal with Numeral 4 and with "V" Device * Army Commendation Medal (3rd Award) with "V" Device * Army Good Conduct Medal (1st Award) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Expert Marksmanship Qualification Badge with Rifle Bar * Basic Aviation Badge * three bronze service stars to be worn with his already-awarded Vietnam Service Medal 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to award of the Air Medal with Numerals 5 through 20. ___________x___________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20150005379 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005379 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1